Wife Who Killed Husband in Domestic Violence Case Says, "I Made His Favorite Yeolmu Kimchi..." [Seocho-dong Legal Story]

Decades of Domestic Violence... Son Says "I Would Have Done the Same"
12 Years Imprisonment in First Trial... Defense Argues 'Mitigated Motive Murder' in Appeal

A woman in her 60s who suffered from domestic violence was sentenced to 12 years in prison in the first trial for killing her husband and is currently undergoing an appeal trial.
[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] This is the story of Kim (60), a wife who killed her husband after suffering domestic violence for decades.

Her husband, Mr. A (66), was excessively patriarchal and had severe morbid jealousy. Whenever he was drunk, he suspected Kim of having an affair. He even verbally abused her, saying, "Isn't our son born from another man?" Although she desperately wanted a divorce, Kim endured and continued living for the sake of their son.

On May 29 last year, Mr. A came home drunk. Just after 6 p.m., Kim prepared young radish kimchi, her husband's favorite, as a side dish for dinner. While eating, Mr. A drank alcohol and insulted her again, saying, "You are cheating on me. This house is mine, so get out." When Kim got angry, Mr. A grabbed her hair and choked her, shouting, "I will kill your mother and your sibling."

Hearing this, Kim pushed Mr. A down. The two began choking each other. Mr. A, who had a heart condition, lost strength first. Although she heard her husband's voice saying, "It's hard to breathe, let me go," Kim's mind was flooded with memories of past violence and anger. Kim was prosecuted for killing Mr. A.

The first trial was conducted as a citizen participation trial. Their son also testified as a witness, stating that "the father's level of violence was so severe that I would have done the same." All seven jurors found her guilty. The first trial court stated, "It appears that she suffered frequent verbal abuse and violence during their long marriage, and a similar situation occurred to some extent on the day of the incident," it ruled. However, Kim's sentencing guideline was classified as 'Type 2.'

The sentencing guidelines for murder crimes set by the Supreme Court Sentencing Commission are classified according to the motive of the crime: Type 1 (mitigating motive murder), Type 2 (ordinary motive murder), Type 3 (blameworthy motive murder), Type 4 (murder combined with serious crime), and Type 5 (extreme disregard for human life murder). Type 1 has a recommended sentence of 4 to 6 years, while Type 2 is 10 to 16 years. Kim, who was sentenced to 12 years in prison, appealed, claiming the sentence was excessive.

On the 30th of last month, in a courtroom on the 3rd floor of the Seoul High Court in Seocho-gu, Seoul, the appeal trial for Kim was held under the Criminal Division 6-1 (Presiding Judge Won Jongchan). The prosecutor requested the court to dismiss the appeal. On the other hand, the defense argued that Kim's murder should be considered Type 1.

The defense said, "According to the investigation records and other evidence, the defendant suffered significant domestic violence," adding, "The first trial probably did not consider this murder as Type 2 because there were no police reports or treatment records related to domestic violence. At that time, we regretted not submitting medical records, but there were treatment records at the National Health Insurance Service," appealing. They also reiterated the situation of the couple having dinner on the day of the incident and the son's testimony from the first trial.

"I reflect on my wrongdoing and regret it. I apologize and ask for forgiveness. Please allow me to live as a daughter of my mother and a mother of my son," Kim said in her final statement. The sentencing date for the appeal trial is set for the 20th of this month.